April 2015 Archive

Meaning of “establishment” clarified by the European Court

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Tesco, Morrisons, Sainsbury’s, B&Q and Homebase have all announced plans to close a number of their stores, potentially resulting in significant job losses. More …

Has the holiday pay reference period been decided by Lock v British Gas?

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If commission should be included in holiday pay, what reference period should be used to calculate how much an employee normally earns? More …

New heat supply regulations may catch out unsuspecting landlords – what they need to know

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At a time when many landlords are grappling with the requirements of the recently introduced minimum energy efficiency standards for their buildings, another set of regulations comes along to burden them with time-consuming administration at best, and costly equipment installation works at worst. More …

Summary of the law on surrogacy

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Under a surrogacy arrangement, one woman carries and gives birth to a child for the benefit of another. The most common arrangement is for the surrogate mother to be artificially inseminated by the male partner of the commissioning parents. Sometimes, fertilisation may take place in a laboratory using genetic material from both commissioning parents with the resulting embryo being transplanted into the surrogate mother. In either case the surrogate mother is the one who meets the definition of the mother in section 33 of HFEA (Human Fertilisation and Embryology Act) 2008. More …

Students and intellectual property – time for fair treatment?

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A recent survey concluded a number of institutions in the UK are using "outdated" and "legally questionable" policies to claim ownership of intellectual property created by students. More …

Time for a change: To speed up the enforcement of possession orders

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This article deals with the problem of delays in the court system for landlords of assured short-hold AST tenants who have obtained a court order for possession and want to enforce it. More …

Surveyor's negligence and recoverable damages

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If a surveyor is negligent when producing a property report, what loss can be recovered? More …

What is the value of an agent's compensation on termination?

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When an agent's relationship with his principal ends, the agent is entitled to be compensated for damages caused by this termination. More …

The demolition deduction from CIL liability – What developers need to know

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Despite annual changes, the Community Infrastructure Levy regime has reached sufficient structural maturity to generate an embryonic body of case law, and one recent case in particular stands out as worthy of developers' attention. More …

The relevance of conduct in divorce

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An initial question commonly asked by clients when seeking advice is the extent to which their spouse's behaviour may be taken into account when dividing matrimonial finances. More …